Virgin Islands Agreement to Sell Real Property Owned by Partnership to One of the Partners

State:
Multi-State
Control #:
US-13265BG
Format:
Word; 
Rich Text
Instant download

Description

A partnership is a relationship created by the voluntary association of two or more persons to
carry on as co-owners of a business for profit.
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FAQ

A partnership has no separate legal personality and it cannot therefore own property and it will be owned by the individual property owning partners. The Land Registry will allow up to four property owning partners to be named at the Land Registry as legal owners.

Thus as per the above definition, there are 5 elements which constitute of a partnership namely: (1) There must be a contract; (2) between two or more persons; (3) who agree to carry on a business; (4) with the object of sharing profits and (5) the business must be carried on by all or any of them acting for all.

In general, partnership property consists of all the property contributed by the partners or acquired for the partnership with its funds. A partnership may own real property as well as personal property. Partners hold title to partnership property by tenancy in partnership or tenants in common.

Property used by the partnership- A partner may contribute to the partnership only the use or enjoyment of property reserving the ownership thereof; or he may allow the partnership to use his separate property without having it become part of the partnership property.

California's current law abandons indirection and unequivocally provides: A partner is not a coowner of partnership property and has no interest in partnership property that can be transferred, either voluntarily or involuntarily. Cal.

A partnership has no separate legal personality and it cannot therefore own property and it will be owned by the individual property owning partners. The Land Registry will allow up to four property owning partners to be named at the Land Registry as legal owners.

A BVI limited partnership under the Limited Partnership Act may, at the option of its initial general partner, be formed either with or without a separate legal personality from that of its constituent partners.

According to section 15, the partnership property should be held and used exclusively for the purpose of the firm. While all partners have a community of interest in the property, during the subsistence of the partnership no partner has a proprietary interest in the assets of the firm.

In a business partnership, you can split the profits any way you want, under one conditionall business partners must be in agreement about profit-sharing. You can choose to split the profits equally, or each partner can receive a different base salary and then the partners will split any remaining profits.

Because a partnership is not a legal person, it cannot acquire or hold a registered interest in real property. In order to acquire and hold real property, the partnership requires an individual or corporation to become a registered owner.

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Virgin Islands Agreement to Sell Real Property Owned by Partnership to One of the Partners